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I was hit on the passenger side rear door while turning left into my driveway. The other driver was speeding am I at fault?

Warren, RI |

I was turning left into my driveway.

Attorney Answers 5


  1. Every case is fact specific. As the left turning vehicle, there is a presumption that you would bear the lion share - if not all - of the liability. The point of impact may affect that point; likewise, if the other vehicle was speeding.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. I agree with my colleague here as well. Completely depends on the point of impact and the police report. Contact an attorney to ensure your rights are protected.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. This is one of those situations where fault is often apportioned. In PA, the other driver technically had the right of way, and it is likely that this is also the case in RI. If I were sitting on an arbitration panel, and the other driver was speeding, I would likely find him to carry some of the fault, proportionate to how much I thought he was speeding. However, since the law says that he had the right of way, you would probably be considered at fault as well.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  4. You will most likely be found at fault especially if the impact occured near the front of your car. The further back on your car, the more you can make an argument that the other driver bears some fault. Proving that the other car was speeding will prove impossible unless he was cited by the police.


  5. Assuming the other driver's speed is documented, fault may be apportioned accordingly. Review the specific facts with the attorney you retained to assist you with this matter. I hope you make a quick recovery from you injuries, if any.

    This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula. No attorney client relationship is established as a result of these communications. The best legal advice you can get is to consult with an attorney licensed in your state or territory.

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